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BEST BEST & KRIEGIER <br />ATTORNEYS AT LAW <br />To: PUBLIC AGENCY CLIENTS <br />From: BEST BEST & KRIEGER LLP <br />Date: SEPTEMBER 17, 2018 <br />Re: INCOMPATIBLE OFFICES (GOVERNMENT CODE § 1099): <br />TWO RECENT ATTORNEY GENERAL OPINIONS <br />INTRODUCTION <br />Government Code section 10991 prohibits a "public officer," including an elected <br />or appointed member of a government board, commission or other body (and certain <br />high ranking executive officers such as general and city managers) from simultaneously <br />1 Section 1099 provides as follows: "(a) A public officer, including, but not limited to, an <br />appointed or elected member of a governmental board, commission, committee, or other body, <br />shall not simultaneously hold two public offices that are incompatible. Offices are incompatible <br />when any of the following circumstances are present, unless simultaneous holding of the <br />particular offices is compelled or expressly authorized by law: <br />(1) Either of the offices may audit, overrule, remove members of, dismiss employees of, or <br />exercise supervisory powers over the other office or body. <br />(2) Based on the powers and jurisdiction of the offices, there is a possibility of a significant clash <br />of duties or loyalties between the offices. <br />(3) Public policy considerations make it improper for one person to hold both offices. <br />(b) When two public offices are incompatible, a public officer shall be deemed to have forfeited <br />the first office upon acceding to the second. This provision is enforceable pursuant to Section <br />803 of the Code of Civil Procedure. <br />(c) This section does not apply to a position of employment, including a civil service position <br />(d) This section shall not apply to a governmental body that has only advisory powers. <br />(e) For purposes of paragraph (1) of subdivision (a), a member of a multimember body holds an <br />office that may audit, overrule, remove members of, dismiss employees of, or exercise <br />supervisory powers over another office when the body has any of these powers over the other <br />office or over a multimember body that includes that other office. <br />(f) This section codifies the common law rule prohibiting an individual from holding incompatible <br />public offices." <br />-1- <br />This product provided under the Public Policy & Ethics Group Program <br />93939.0020E\31403540.1 <br />